Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-65-1-6859; FRL-5168-7]

Clean Air Act Approval and Promulgation of Title V, Section 507,

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program for California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On May 31, 1994 EPA published the Notice of Proposed

Rulemaking to approve the State Implementation Plan (SIP) revision

submitted by the State of California for the purpose of establishing a

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program (PROGRAM). The SIP revision plan was submitted by

the State to satisfy the Federal mandate, found in the Clean Air Act

(CAA), to ensure that small businesses have access to the technical

assistance and regulatory information necessary to comply with the CAA.

The rationale for the approval was set forth in the proposal. EPA

received one comment from the Southern California Gas Company which

does not impact the proposed action. Therefore, EPA is proceeding with

its approval of the revision to the California SIP for establishing a

PROGRAM.

EFFECTIVE DATE: This rule will become effective on April 21, 1995.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations:

U.S. Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, CA 94105

U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M''

Street, S.W., Washington, D.C., 20460.

State of California, Air Resources Board, 2020 L Street, Sacramento, CA

95814.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S

Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, CA 94105, (415) 744-1102.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of the Clean Air Act (CAA), as

amended in 1990, will require regulation of many small businesses so

that areas may attain and maintain the national ambient air quality

standards (NAAQS) and reduce the emission of air toxics. Small

businesses frequently lack the technical expertise and financial

resources necessary to evaluate such regulations and to determine the

appropriate mechanisms for compliance. In anticipation of the impact of

these requirements on small businesses, the CAA requires that States

adopt a Small Business Stationary Source Technical and Environmental

Compliance Assistance Program (PROGRAM), and submit this PROGRAM as a

revision to the Federally approved SIP. In addition, the CAA directs

the Environmental Protection Agency (EPA) to oversee these small

business assistance programs and report to Congress on their

implementation. The requirements for establishing a PROGRAM are set out

in Section 507 of Title V of the CAA. In February 1992, EPA issued

Guidelines for the Implementation of Section 507 of the 1990 Clean Air

Act Amendments, in order to delineate the Federal and State roles in

meeting the new statutory provisions and as a tool to provide further

guidance to the States on submitting acceptable SIP revisions.

On November 13, 1992 the State of California submitted a SIP

revision to EPA in order to satisfy the requirements of Section 507. In

order to gain full approval, the State submittal must provide for each

of the following PROGRAM elements: (1) the establishment of a Small

Business Assistance Program (SBAP) to provide technical and compliance

assistance to small businesses; (2) the establishment of a State Small

Business Ombudsman to represent the interests of small businesses in

the regulatory process; and (3) the creation of a Compliance Advisory

Panel (CAP) to determine and report on the overall effectiveness of the

SBAP. A detailed discussion of the background for each of the above

PROGRAM elements is provided in the May 31, 1994 Federal Register

Notice of Proposed Rulemaking (NPR) (59 FR 28036).

[[Page 15062]]

EPA has evaluated all of the above PROGRAM elements for consistency

with the requirements of the CAA and the EPA policy guidance document.

EPA has found that the PROGRAM elements meet the applicable EPA

requirements. A detailed discussion of the PROGRAM elements and

evaluations has been provided in the May 31, 1994 Federal Register NPR

(59 FR 28036).

II. Response to Public Comments

A 30-day public comment period was provided in the May 31, 1994

Federal Register NPR. EPA received one comment from the Southern

California Gas Company (Gas Company). The Gas Company commented that

governmental assistance and education programs should present factual

and objective information on fuels and fuel use characteristics without

encouraging the selection of a particular fuel or technology. Since the

PROGRAM does not advocate the use of any particular fuel but rather

serves to provide small businesses with technical assistance and

regulatory information necessary to comply with the CAA, EPA did not

find this comment to be in conflict with the SIP revision. Thus this

comment does not effect the EPA's proposal to approve the PROGRAM.

III. Final Action

EPA is approving the SIP revisions submitted by the State of

California. The revisions were made to satisfy the requirements of

Section 507 of the CAA.

The OMB has exempted this action from review under Executive Order

12866.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over population of less than

50,000.

By this action, EPA is approving a State program created for the

purpose of assisting small businesses in complying with existing

statutory and regulatory requirements. The program being approved today

does not impose any new regulatory burden on small businesses; it is a

program under which small businesses may elect to take advantage of

assistance provided by the state. Therefore, because the EPA's approval

of this program does not impose any new regulatory requirements on

small businesses, I certify that it does not have a significant

economic impact on any small entities affected.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Small business assistance program.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the Director of the

Federal Register on July 1, 1982.

Dated: February 24, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(200) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(200) Program elements were submitted on November 13, 1992 by the

Governor's designee.

(i) Incorporation by reference.

(A) Small Business Stationary Source Technical and Environmental

Compliance Assistance Program, adopted on October 15, 1992.

* * * * *

[FR Doc. 95-7006 Filed 3-21-95; 8:45 am]

BILLING CODE 6560-50-P